§Why CasetextPricing

The People, Respondent-Appellant,v.Vincent Barone, Appellant-Respondent.

Brief

89 Cited authorities

  1. State v. Danielson

    2007 N.Y. Slip Op. 9814 (N.Y. 2007)   Cited 9,457 times   1 Legal Analyses
    Holding a "legally sufficient verdict can be against the weight of the evidence"

  2. People v. Romero

    2006 N.Y. Slip Op. 8640 (N.Y. 2006)   Cited 4,926 times

    No. 151. Argued October 18, 2006. Decided November 21, 2006. APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 11, 2005. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Leslie Crocker Snyder, J.), which had convicted defendant, upon a jury verdict, of two counts of murder in the second degree. People v. Romero, 22 AD3d 287, affirmed. Center

  3. People v. Contes

    60 N.Y.2d 620 (N.Y. 1983)   Cited 11,959 times   2 Legal Analyses
    Stating the standard for review of the legal sufficiency of evidence in a criminal case is whether "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt"

  4. People v. Overlee

    236 A.D.2d 133 (N.Y. App. Div. 1997)   Cited 783 times
    Holding the defendant's challenge that the prosecutor used snide remarks to portray him as a liar was not prejudicial because “[t]he use of sarcasm is, of course, a well recognized device to illustrate the inherent implausibility of a witness's testimony”

  5. Dunn v. United States

    284 U.S. 390 (1932)   Cited 1,492 times   1 Legal Analyses
    Holding that a jury's verdicts can stand even if they are inconsistent, and noting that "acquittal on one count may be explained as an exercise of lenity by the jury that is not necessarily grounded in its view of the evidence"

  6. People v. O'Rama

    78 N.Y.2d 270 (N.Y. 1991)   Cited 571 times   4 Legal Analyses
    Holding the defendant was prejudiced when the court failed to read a portion of the jury note stating jury was split "6/6," told counsel the jury was experiencing "continued disagreements," and subsequently issued a supplemental instruction urging a verdict

  7. People v. Tucker

    55 N.Y.2d 1 (N.Y. 1981)   Cited 598 times   3 Legal Analyses
    In Tucker, we observed that, where a repugnant verdict was the result, not of irrationality, but mercy, courts "should not... undermine the jury's role and participation by setting aside the verdict" (55 NY2d at 7).

  8. People v. Rayam

    94 N.Y.2d 557 (N.Y. 2000)   Cited 328 times

    Argued February 15, 2000 Decided April 11, 2000. Jeffrey I. Richman, and M. Sue Wycoff for appellant. Robert M. Morgenthau, District Attorney of New York County, New York City (Hilary Hassler and Mark Dwyer of counsel), for respondent. LEVINE, J. Based on events that allegedly occurred at the complaining witness's apartment over a 13-hour period from the evening of February 27 to the morning of February 28, 1995, defendant was indicted on single counts of burglary in the first degree and kidnaping

  9. People v. Concepcion

    2011 N.Y. Slip Op. 5110 (N.Y. 2011)   Cited 225 times
    Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

  10. People v. Almodovar

    62 N.Y.2d 126 (N.Y. 1984)   Cited 471 times
    Holding that a temporary and lawful possession instruction was proper where the defendant claimed that he wrested a pistol from his attacker and fired it in self-defense

  11. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,944 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include